United States District Court, D. Montana, Great Falls Division
FINDINGS AND RECOMMENDATIONS TO REVOKE
DEFENDANT'S SUPERVISED RELEASE
United States accused Mr. Mortenson of violating his
conditions of supervised release by 1) being terminated from
sex offender treatment, 2) failing to truthfully answer his
Probation Officer's questions, 3) knowingly being in the
company of a minor without an approved chaperone, and 4)
entering an establishment where alcohol is the primary item
of sale. Mr. Mortenson admitted to the violations. His
supervised release should be revoked, and he should be
sentenced to seven months custody, with a lifetime of
supervised release to follow. As an additional condition of
his supervised release, Mr. Mortenson is prohibited from
possessing children's undergarments, as reflected in the
30, 2007, Mr. Mortenson was sentenced to 135 months of
custody, followed by a lifetime of supervised release, after
pleading guilty to Activities Relating to Material
Constituting or Containing Child Pornography. (Doc. 253). Mr.
Mortenson began his term of supervised release on February
March 8, 2016, the Probation Office filed a Report on
Offender Under Supervision, reflecting Mr. Mortenson's
refusal to sign the sex offender treatment rules. Mr.
Mortenson was allowed to remain on supervised release after
it was confirmed he had begun treatment.
7, 2016, the Probation Office filed a Report on Offender
Under Supervision, reflecting that Mr. Mortenson had pictures
of underwear and Asian females on his phone, as well as
erotica in his apartment. Mr. Mortenson was allowed to remain
on supervised release, with a warning that further violations
would referred to the Court.
March 13, 2017, the Probation Office filed a Report on
Offender Under Supervision, reflecting that Mr. Mortenson had
not made payments toward his outstanding special assessment
fee. Mr. Mortenson was allowed to remain on supervised
release to secure employment.
26, 2017, the United States Probation Office filed a Petition
for Warrant for Offender Under Supervision, accusing Mr.
Mortenson of violating the conditions of his supervised
release by exhibiting poor performance in his sex offender
treatment. (Doc. 376). The petition was dismissed on October
12, 2017, as Mr. Mortenson had made progress toward
treatment. (Doc. 384).
December 5, 2017, the United States Probation Office filed a
Petition for Warrant for Offender Under Supervision, accusing
Mr. Mortenson of violating the conditions of his supervised
release. The petition alleged that on December 4, 2017, Mr.
Mortenson was terminated from sex offender treatment. The
petition also alleged that Mr. Mortenson was asked on
December 4, 2017, whether he possessed any children's
undergarments, which he denied. A subsequent search revealed
several articles of children's undergarments. The
petition also alleged that Mr. Mortenson stated during a
polygraph exam that he had not ridden in any vehicles with
minors without an approved chaperone, but that on December 4,
2017, Mr. Mortenson admitted that he accompanied his parents,
who are not approved chaperones, to pick up his niece from
school. Finally, the petition alleged during a polygraph
examination on November 29, 2017, Mr. Mortenson admitted to
purchasing alcohol for his parents. (Doc. 385). Based on the
petition, Judge Morris issued a warrant for Mr.
Mortenson's arrest. (Doc. 386).
Mortenson appeared before the undersigned for an initial
appearance on March 29, 2018, in Great Falls, Montana.
Federal Defender Evangelo Arvanetes accompanied him at the
initial appearance. Assistant United States Attorney Ryan
Weldon represented the United States.
Mortenson said he had read the petition and understood the
allegations. He waived the preliminary hearing, and the
parties consented to the undersigned conducting his
revocation hearing. At the initial appearance, the Court was
informed that Mr. Mortenson had not been receiving his
medications. The Court ordered that ...